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Micromanaging Security Contractors

One of the most common criticisms about private security
contractors is that there are insufficient rules governing their
actions.

But the truth is, there is and always has been a way to ensure
that contractors act the way the client, as in the U.S. government
or other private sector firms, wants. And that is to simply write
it into the contract.

And now, we have documentary evidence that this is what the U.S.
government has been doing. Recently, in response to a Freedom of
Information Act request, I obtained a section of the Worldwide
Personal Protective Services contract that the State Department
issued for protection of its personnel and facilities. This is the
contract that is split between Blackwater, Triple Canopy and
DynCorp.

According to a Congressional Budget Office report issued last
month, nearly 3,000 security contractors work directly for the
State Department in Iraq.

The document, which is just the specifications section of the
contract, details what Blackwater is required to do. And, even
though numerous pages of the 187-page document were blank, it
details numerous requirements.

How quickly should Blackwater and the State Department be able
to contact each other? The contract requires the department’s
Diplomatic Security office to “be able to communicate on a
reliable, and prompt (sometimes in a matter of minutes) basis with
a Contractor management point of contact.”

How well trained are the contractors? The contractor is required
to “establish and implement a personal protection security training
capability.” The program must be approved by DS, and the government
reserves the right to inspect it.

The contract even details workplace issues. For example, guards
doing static security, as in guarding facilities, must work for not
more than 12 consecutive hours in a 24-hour period, except under
emergency conditions as authorized by the contracting officer, and
the individual guard work week should not exceed 72 hours. All
guards get a 15-minute break once every four hours.

That last point helps explain why contractors, unlike military
personnel, can have their own bars, although a guard must not drink
for at least eight hours prior to assuming duty.

Given that contractors are often shot at while transporting
their clients, the contract requires the contractor to employ a
“factory-certified vehicle mechanic” to maintain the Protective
Services detail vehicles.

What requirements must an American citizen meet to be a security
contractor? To start, be at least 21 years old, have a valid
driver’s license and passport, an unblemished personal and, if
appropriate, military record. He must be in good physical condition
and submit evidence of having passed a physical fitness test prior
to and within 30 days of deployment. He must be proficient in
defensive driving techniques and be familiar with first aid
procedures. He also must meet minimum firearms proficiency,
including familiarity with every weapon used on a detail, and have
fired every weapon at an acceptable level of proficiency.

In order to get a security clearance, a contractor must fill in
and submit at least nine different forms, ranging from fingerprint
cards to credit bureau reports. The screening process also
includes, but is not limited to, past work history going back 10
years, police record checks and psychological screening.

What about weapons? According to the contract, Blackwater must
ensure that guards’ weapons are properly maintained, including:

all weapons shall be cleaned weekly at a designated
location.

all cleaning supplies shall be provided.

weekly cleaning logs shall be maintained, listing each weapon
by make, model, serial number and the date on which it was
cleaned.

The contractor is also required to employ armorers on site to
perform this maintenance. And he must attend a DS class before
being assigned to the post. He also must be factory-certified for
each weapon furnished to the Protective Services details.

The contract even specifies the requirements for the Odor
Recognition Proficiency Test that an explosives-detecting dog must
meet, including being able to recognize 10 different
explosives.

At times the requirements in the contract seem a bit surreal. It
states that “guards will be polite and courteous in performance of
their duties. They will not use abusive language.” Considering the
working conditions, that seems a bit much to expect.

The contractor is also supposed to ensure that no weapons are
misused, mishandled or fired negligently. However, the contract
does not specify how the contractor is supposed to ensure that.

More importantly, when can a contractor use his weapon? The
contract is quite clear. It states:

a. Deadly Force will only be used after all non-violent efforts
are exhausted to stop a life-threatening disturbance at any post
manned by the guards.

b. Deadly Force will only be used to protect the life of the
guard or person on the post from lethal bodily harm by another
individual or individuals. The oral threat of bodily harm is
insufficient justification for the use of Deadly Force.

c. Abusive and/or obscene language directed at the guard or
another individual is insufficient justification for the use of
Deadly Force.

d. Any person attempting to use lethal force on a guard, or
lethally assaulting the guard or another individual, or in any way
causing the death of another individual, constitutes sufficient
justification for the use of Deadly Force.

e. The use of Deadly Force represents the last resort by a guard
for the restoration of order.

Are there consequences if a contractor screws up? The contract
says that if a contractor is discharged or returned to the United
States, or a third country in the case of foreign nationals,
because of dissatisfaction with the assignment or for
unsatisfactory performance, the contractor shall be assigned
negative incentive.